Ep. 15 - Precedential Decisions from 8/3/20 - 8/9/20 (aggravated felony offense relating to obstruction of justice, Matter of A-B-, domestic violence, Chevron deference, in absentia motions to reopen, TPS, crime of child abuse, circuit review)

Immigration Review

English - August 10, 2020 05:00 - 44 minutes - 30.6 MB
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Previous Episode: Ep. 14 - Precedential Decisions from 7/28/20 - 8/2/20 (AG's categorical approach for aggravated felonies; CIMT; controlled substance divisibility; asylum; China; Sri Lanka; Albania; India; CAT deferral; Iraq; South Sudan)

Next Episode: Ep. 16 - Precedential Decisions from 8/10/20 - 8/16/20 (asylum, reasonable relocation, aggravated felony, murder, CIMT, "admission," VAWA, sua sponte motion to reopen, incorrect charges in NTA, particular social groups, pattern and practice)

Cases as discussed in order:

[01:55] Valenzuela Gallardo v. Barr, No. 18-72593 (9th Cir. Aug. 6, 2020)

INA § 101(a)(43)(S) aggravated felony “offense relating to obstruction of justice”; law of the case doctrine; “relating to”; Chevron deference

[08:50] Diaz-Reynoso v. Barr, No. 18-72833 (9th Cir. Aug. 7, 2020)

asylum; withholding of removal; torture protection; Mexico; Matter of A-B-; particular social group - circularity

[17:05] Davila v. Barr, No. 17-72173 (9th Cir. Aug. 7, 2020)

asylum; domestic violence; Nicaragua; unable or unwilling to protect; cherry picking the record

[20:56] Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)

motion to reopen; in absentia; address requirement; duty to ensure correct information in NTA

[24:41] Machado Sigaran v. Barr, No. 19-1282 (1st Cir. Aug. 5, 2020)

temporary protected status (TPS); no-notice motion to reopen; appellate review; circuit review

[28:53] Antonio Garcia v. Barr, No. 19-60097 (5th Cir. Aug. 4, 2020)

sexual assault of a child; crime of child abuse; INA § 237(a)(2)(E)(i); Chevron deference

[34:52] Cuevas-Nuno v. Barr, No. 20-3034 (6th Cir. Aug. 7, 2020)

issue exhaustion; motion to reopen; extraordinary circumstances vs. sua sponte; circuit review

[39:06] Galeano-Romero v. Barr, No. 19-9585 (10th Cir. Aug. 4, 2020)

non-LPR cancellation of removal; exceptional and extremely unusual hardship; jurisdiction to review factual findings

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Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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